AGIT Investment Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1419

Land and Environment Court New South Wales

Medium Neutral Citation: AGIT Investment Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1419 Hearing dates: Conciliation conference on 3 August 2022 Date of orders: 08 August 2022 Decision date: 08 August 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant's written request prepared pursuant to cl 4.6 of Strathfield Local Environmental Plan 2012 (SLEP) to contravene the height of buildings development standard in cl 4.3 of SLEP is upheld; (2) The appeal is upheld; (3) Development Application No. DA2021/52 (as amended) for the demolition to part of existing structures, site preparation works, an extension of the existing warehouse construction of a new warehouse and ancillary offices and operational use of proposed warehouses at 2-34 Davidson Street, Greenacre, is determined by grant of consent, subject to conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Industry and Employment) 2021 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 64—Advertising and Signage State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98(2), 2.100, 2.101 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Strathfield Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10, 5.21, 6.1 Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy, (April 2021) Strathfield Development Control Plan 13 Category: Principal judgment Parties: AGIT Investment Pty Ltd (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: J Farrell (Applicant) D Robertson (Respondent)